Patterson v. American Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. The property insured was vacant and unoccupied when destroyed, and under the terms of the policy defendant was relieved from any liability on that account. Hoover v. Ins. Co., 93 Mo. App. Ill; Cook v. Ins.
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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. The property insured was vacant and unoccupied when destroyed, and under the terms of the policy defendant was relieved from any liability on that account. Hoover v. Ins. Co., 93 Mo. App. Ill; Cook v. Ins. Co., 70 Mo. 610. It was error to overrule defendant’s objection to plaintiff’s evidence as to conversations in August, 1906, and the testimony of plaintiff that defendant’s agent then stated he would see to, or arrange vacancy permit “in case” the house subsequently became vacant. Rogers v. Ins. Co., 155 Mo. App. 277. There…
1Opinion of the CourtJohnson, J.
This is a suit on a policy of fire insurance issued February 5, 1905, to H. S. Flanders, on a farm dwelling. In August, 1906, plaintiff became tbe owner of tbe property and tbe assignee of tbe policy. February 10., 1908, the dwelling was destroyed by fire and defendant refused to.pay tbe loss on tbe ground that plaintiff bad allowed tbe bouse to become vacant and to remain so without obtaining a permit' from defendant continuing tbe policy in force. This suit followed.
Tbe petition is in tbe usual form. Tbe answer pleads tbe following special defense: “Further answering defendant alleges it is…
2Cases cited4 opinions
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Hoover v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Williams v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Rogers v. Home InsuranceMissouri Court of Appeals · 1911
3Cited by10 opinions
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- Hartford Fire Ins. Co. v. AaronSupreme Court of Alabama · 1933
- Thielbar Realties, Inc. v. National Union Fire InsuranceMontana Supreme Court · 1932
- Tutton v. Liverpool London Globe Ins. Co.Supreme Court of Alabama · 1939
- Wilt v. HammondMissouri Court of Appeals · 1914
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